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GIORDANO v. STUBBS

No. 72-1388.

483 F.2d 1395 (1973)

Joseph P. GIORDANO et al., Plaintiffs-Appellants, v. Hiram F. STUBBS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 5, 1973.

Attorney(s) appearing for the Case

Hugh W. Gibert, Atlanta, Ga., for plaintiffs-appellants.

Homer M. Stark, Lawrenceville, Ga., for Millard Peevy.

Harry L. Cashin, Jr., Simuel F. Doster, Jr., Joe G. Davis, Jr., Atlanta, Ga., for Hiram F. Stubbs.

Before RIVES, THORNBERRY and GOLDBERG, Circuit Judges.

PER CURIAM:

The plaintiffs claim that they have been deprived of their property without due process of law by means of Ga.Code § 67-1506:

"No sale of real estate under powers contained in mortgages, debt, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of sheriff's sales in the county in which real estate, or a part thereof, is located."

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